화학제품안전법 처벌규정의 문제점과 개선방안 - 안전확인대상생활화학제품 표시기준 위반을 중심으로 -

Abstract

In order to maintain the administrative order, sanctions on violations of administrative obligations are essential. Administrative order punishment or administrative punishment may be imposed under certain requirements prescribed by Acts and subordinate statutes. However, the criteria for imposing administrative order punishment or administrative punishment are not clear. In general, legislators can freely decide in consideration of the extent of sanctions necessary to guarantee the performance of their obligations. Anyway, criminal punishment to ensure the performance of administrative obligations should be the last resort possible. If the target of criminal punishment is unnecessarily expanded, it will strategize too many people as ex-convicts and face unnecessary controversy. the Chemical Product Safety Act has unnecessarily stipulated penalties for over-emphasizing administrative purposes. This includes punishing violations of the marking standards under the Chemical Products Safety Act with a prison term of up to five years or a fine of up to 50 million won in Article 57 of the Act. If the consumer fails to comply with the statutory labeling standards while selling a daily chemical product subject to safety verification, he/she may face unexpected damage due to the failure to obtain information related to the chemical substances of the product. Consequently, appropriate sanctions for misconduct that do not mark the labelling criteria for the product are essential. However, sanctions to ensure the fulfillment of such obligations do not necessarily have to be crimianl penalty. The provisions for criminal punishment for violations of the standards for labelling shall be minimized in consideration of side effects caused by over-criminalization. It may be converted to administrative fine, or a disposition of notification, etc. may be utilized. Until the amendment of the Act, the Act shall be flexibly applied to minor violations.